Strategising International Prosecutions: How Might the Work of the Kosovo Specialist Prosecutor's Office Come to Be Judged?

Prosecutorial decision-making which is not only lawful and ethical but which fosters prosecutorial legitimacy-and which is adapted within that framework to best serve the prosecutor's mandate, taking account of the relevant circumstances and the broader social interests-may form the basis for a...

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Bibliographic Details
Published inInternational criminal law review Vol. 20; no. 1; pp. 43 - 76
Main Author Cross, Matthew E
Format Journal Article
LanguageEnglish
Published Leiden Brill | Nijhoff 01.03.2020
Koninklijke Brill NV
Subjects
Decision making
International cooperation
Legitimacy
Prosecutions
Public prosecutors
Values
Kosovo
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Summary:Prosecutorial decision-making which is not only lawful and ethical but which fosters prosecutorial legitimacy-and which is adapted within that framework to best serve the prosecutor's mandate, taking account of the relevant circumstances and the broader social interests-may form the basis for a successful prosecutorial strategy. At least five strategic processes may be very significant in this respect, including: situation selection (if applicable), case selection, leveraging of legitimacy to promote cooperation, expression of values, and exit management. A coherent vision of these processes may promote a coherent prosecutorial strategy for the Kosovo Specialist Prosecutor's Office (spo). Prosecutorial strategy can only ever be analysed 'from the outside' with considerable modesty, yet six preliminary conclusions and observations can nonetheless be drawn as to the path which the spo may adopt.
ISSN:1567-536X
1571-8123
DOI:10.1163/15718123-02001011